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SCHWICKERT, INC. v. WINNEBAGO SENIORS, LTD.

Nos. C8-02-1972, C4-02-2083.

661 N.W.2d 680 (2003)

SCHWICKERT, INC., Respondent, v. WINNEBAGO SENIORS, LTD., et al., Respondents (C8-02-1972), Appellants (C4-02-2083), v. 11,111, INC., d/b/a Energy Conservation Consultants, Inc., third-party defendant, Respondent (C4-02-2083), AMCO Insurance Company, Inc., Appellant (C8-02-1972), Respondent (C4-02-2083).

Court of Appeals of Minnesota.

May 27, 2003.

Attorney(s) appearing for the Case

Scott V. Kelly, Farrish Johnson Law Office, Mankato, MN, for respondents Schwickert, Inc. and Energy Conservation Consultants.

Paula Duggan Vraa, Rider, Bennett, Egan & Arundel, LLP, Minneapolis, MN, for respondents Winnebago Seniors, Ltd., Minnesota Housing Finance Agency and Thies & Talle Enters., Inc.

Jon A. Hanson, E. Curtis Roeder, Candy B. Olson, Hanson, Lulic & Krall, Minneapolis, MN, for appellant AMCO Insurance Company, Inc.

Considered and decided by TOUSSAINT, Chief Judge, MINGE, Judge, and HUSPENI, Judge.

OPINION

TOUSSAINT, Chief Judge.

These consolidated cases originated as a contractor's mechanic's-lien action regarding services for re-roofing an apartment building. The owners of the property then counterclaimed for water damage while the building was being re-roofed and brought a third-party action against both their roofing consultant and their insurer. Shortly before the scheduled trial, the owners accepted, over the insurer's objections, a Rule 68 settlement...

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